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Panel 1 - Competition in Labor Markets: What Antitrust Has to Do with That?
Daniel points out that in a sense, antitrust law and policy assumes that all antitrust markets are special in their own way and that antitrust rules and enforcement practices are tailored to specific concerns in specific markets. In this context, what makes labor special from an antitrust law or economic perspective? The labor antitrust exemption falls within the magnetic field of labor law’s distinction between employees, independent contractors, and other workers. Courts and agencies have long understood that under the labor antitrust exemption there is a long-standing principle that antitrust avoids interfering in disputes between employers and employees. However, is it fair and appropriate for antitrust to take its cue from labor law immunity?